Consent means an informed and conscious decision by each participant to engage in mutually agreed-upon sexual activity. Once consent is withdrawn or revoked, the sexual activity must stop immediately.
- Consent must be voluntary and given without coercion, force, threats, or intimidation.
- Consent can be withdrawn or revoked. Consent to one form of sexual activity (or one sexual act) does not constitute consent to other forms of sexual activity (or other sexual acts). Consent to sexual activity given on one occasion does not constitute consent to sexual activity on another occasion. The fact that two people are or were in a dating or sexual relationship does not constitute consent to engage in sexual activity.
- Consent cannot be given by a person who is incapacitated. A person cannot give consent if s/he is unconscious or coming in and out of consciousness. Whether an intoxicated person (as a result of using alcohol or other drugs) is incapacitated depends on the extent to which the person’s decision-making capacity, awareness of consequences, and ability to make fully informed judgments is impaired.
- Being intoxicated by drugs or alcohol does not diminish a person’s responsibility to obtain consent from the other party before engaging in sexual activity. Factors to be considered when determining culpability include whether the person knew, or whether a reasonable person in the accused’s position should have known, that the victim could not give, did not give, or revoked, consent; was incapacitated; or was otherwise incapable of giving consent.